(TN&MT) - Through discussion, the majority of National Assembly deputies agreed with the scope of amendments and contributed to perfecting regulations related to the division of authority, decentralization, delegation, and authorization between local authorities at all levels; tasks, powers, organization and operation of local authorities.
On the morning of February 15, continuing the 9th extraordinary session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly gave opinions on the draft Law on Organization of Local Government (amended). Through discussion, the majority of delegates agreed with the scope of the amendment and contributed to perfecting the regulations related to the division of authority, decentralization, delegation of authority between local governments at all levels; tasks, powers, organization and operation of local governments.
Before the discussion in the hall, on the morning of February 13, the National Assembly discussed in groups the draft Law on Organization of Local Government (amended), with 129 delegates giving their opinions. The opinions were basically in high agreement with the necessity, scope of amendments as well as many key contents of the draft law; at the same time, many opinions were contributed related to ensuring the consistency of the law with the legal system.
Real local empowerment
Comments on improving regulations on the division of authority, decentralization, delegation of authority, and authorization between local authorities at all levels, opinions said that it is necessary to continue improving regulations on decentralization and delegation of authority to local authorities, in order to concretize the policy of promoting decentralization and delegation of authority, promoting the initiative, creativity, and self-responsibility of local authorities at all levels in the spirit of "locality decides, locality acts, locality is responsible". However, it is necessary to continue reviewing to ensure consistency between the provisions of the draft Law and related provisions in the draft Law on Organization of the Government (amended).
Delegate Nguyen Duy Minh - National Assembly Delegation of Da Nang City proposed to supplement the powers and responsibilities of the Chairmen of the People's Committees at all levels in the following direction: Increase the responsibilities and powers so that the Chairmen of the People's Committees at all levels can decide on issues within the tasks and powers of the People's Committees at their level, issues that the People's Committees discuss collectively and decide by majority, except for issues that must be approved by the state power agencies at the same level and ensure the principle of democratic centralism. At the same time, more specific regulations should be made on the mechanism for monitoring and explaining responsibilities through the reporting regime at the nearest meeting of the People's Council, People's Committee and reporting to the competent higher-level administrative agencies when requested.
“When given such real power, state management activities of People's Committees at all levels are handled quickly, promptly, keeping up with the reality and requirements of people, businesses and society,” said delegate Nguyen Duy Minh.
Because the draft Law on Organization of Local Government is designed according to the thinking of "locality decides, locality acts, locality is responsible" and "strong decentralization to unleash resources for national development", the delegate believes that if the content of this Law lacks institutions and mechanisms to control power effectively and efficiently when local government is strongly decentralized, negative cases may occur. The delegate suggests that it is necessary to add to Article 4 of the draft Law the principle of "strengthening control of power when decentralized, delegated, and authorized".
In addition, delegates also proposed specific regulations on principles, methods of decentralization, forms of implementation and conditions to ensure compliance with the requirements of strong reform and innovation, ensuring clear people, clear work and clear responsibilities.
Strongly innovate the model of local government organization in urban areas
Regarding the organization and operation of local governments (Chapter V), some delegates pointed out the fact that after amending the Law on Organization of Local Government in 2019, localities such as Da Nang City, Ho Chi Minh City and recently Hai Phong City have been allowed by the National Assembly to implement urban government. Through assessment, these places have implemented and brought about good results.
Delegate Ha Sy Dong - National Assembly Delegation of Quang Tri province emphasized that in the current conditions, we are implementing a revolution to streamline the organizational apparatus, the local government organization also needs to be redesigned to suit the characteristics of urban areas and rural areas. Therefore, the delegate suggested that it is necessary to strongly innovate the local government organization in urban areas to promote economic development.
Sharing the same view, delegate Tran Quoc Tuan - National Assembly Delegation of Tra Vinh province said that it is necessary to carefully consider to be able to redesign to suit the characteristics of urban areas and the characteristics of rural areas. This is also completely not contrary to the Constitution.
In order for the revised Law on Organization of Local Government to have a long life after its promulgation, delegate Tran Quoc Tuan suggested that the Drafting Committee should study that while it is not yet possible to innovate the organization of local government in rural areas, it is necessary to strongly innovate the organization of local government in urban areas like the localities that have been and are effectively piloting, this will be the basis for effectively implementing the current revolution of streamlining the apparatus, creating a driving force to promote national development.
Some opinions also suggested that the Government continue to summarize and comprehensively evaluate the organization of urban government models in localities where the pilot model has been organized, on that basis, propose a suitable local government organization model to implement comprehensively, synchronously and uniformly nationwide.
More clearly define the tasks and powers of the People's Council
Regarding the duties and powers of the provincial People's Council, Article 16 of the draft law has added new duties and powers of the provincial People's Council related to the withdrawal, repeal, amendment, and supplementation of part or all of the documents issued by it when it is deemed no longer appropriate or illegal. Some opinions suggested more clearly defining the cases when it is deemed no longer appropriate as a basis for organizing implementation, avoiding arbitrariness in the implementation process and affecting the rights and legitimate interests of other organizations and individuals; at the same time, there is a basis for considering responsibility for cases of issuing illegal documents.
Delegate Cam Thi Man - National Assembly Delegation of Thanh Hoa province stated that the Constitution clearly stipulates that the People's Council is the local state power agency, the People's Committee is the local state administrative agency - the executive agency of the People's Council. The delegate was concerned about the regulation that the local state power agency is decentralized to the local state administrative agency; the collective People's Committee is decentralized to the individual Chairman of the People's Committee at the lower level as stipulated in Clause 1, Article 14; requested the Drafting Committee to study and stipulate more clearly the position and function of each entity.
Regarding the cessation of duties as a delegate, temporary suspension, dismissal and loss of rights as a delegate of the People's Council, delegate Pham Thi Kieu - National Assembly Delegation of Dak Nong province said that point b, clause 1, Article 35 of the draft Law stipulates that the Council considers and decides to cease duties for a delegate of the People's Council in the following cases: "At the request of the delegate of the People's Council for health reasons or for other reasons". The delegate proposed to add the phrase "legitimate" to the above content as follows: "At the request of the delegate of the People's Council for health reasons or for other legitimate reasons". Such a provision is to avoid personal discretion and individualism affecting the common activities of the organization, to prevent cases where a group of delegates requests to cease their duties for the benefit of a group.
Also interested in the provisions related to the duties and powers of the members of the Standing Committee of the People's Council (Article 29) of the draft law, delegate Nguyen Van Manh - National Assembly Delegation of Vinh Phuc province said that the draft law clearly and specifically stipulates a number of cases where the Chairman of the People's Council at the provincial, district and communal levels is vacant. However, there are still a number of cases that have not been stipulated.
The delegate proposed to add: In case the Chairman of the People's Council at the provincial or district level is disciplined and is subject to a request for dismissal or removal, the Standing Committee of the People's Council at the same level shall assign the Vice Chairman of the People's Council to perform the duties and powers of the Chairman of the People's Council until a new Chairman of the People's Council is elected.
In case of vacancy of Vice Chairman of the People's Council, the Standing Committee of the National Assembly (for provincial-level People's Councils) and the Standing Committee of the provincial-level People's Council (for district-level People's Councils) shall appoint a People's Council executive from among the People's Council delegates to perform the duties and powers of the Chairman of the People's Council until a new Chairman of the People's Council is elected. In case the Chairman of the People's Council at the provincial, district or communal level transfers jobs and must carry out the dismissal procedure and at the same time elect a new Chairman of the People's Council, the procedure shall be the same as for dismissal or removal when the Chairman of the People's Council is disciplined.
In addition, some delegates were concerned about the working relationship between local authorities and the Vietnam Fatherland Front Committee and local socio-political organizations in the draft law, which is incomplete and unclear in content and meaning.
At the meeting, Minister of Home Affairs Pham Thi Thanh Tra gave a speech to clarify a number of issues of concern to delegates related to the viewpoint of amending the law; the principles of decentralization, delegation of power, and authorization; incentive mechanisms for local authorities to propose decentralization; urban government organization model; tasks and powers of the People's Council, People's Committee and Chairman of the People's Committee...
In his concluding remarks, Vice Chairman of the National Assembly Nguyen Khac Dinh said that through the discussion of the draft Law on Organization of Local Government (amended), 19 delegates spoke, the discussion atmosphere was lively, enthusiastic, responsible, frank, in the spirit of innovation. The delegates mentioned many contents related to regulations on decentralization, delegation of power, and authorization; clarifying individual responsibilities to improve leadership capacity, direction, and management of socio-economic development. One of the very important requirements is to promote national development, but decentralization and delegation of power must be associated with administrative procedure reform in accordance with the content of decentralization and delegation of power and different from administrative procedures before decentralization.
Vice Chairman of the National Assembly Nguyen Khac Dinh also said that through the discussion, most of the opinions expressed a strong innovative mindset, supported innovation, and supported the determination to develop the country in the new period, with strong contents and solutions. After this session, the National Assembly Standing Committee will coordinate with the Government and relevant agencies to seriously absorb and fully explain the opinions of the delegates, and complete the draft law to ensure the highest quality before submitting it to the National Assembly for approval.
Source: https://baotainguyenmoitruong.vn/sua-doi-luat-to-chuc-chinh-quyen-dia-phuong-trao-quyen-thuc-chat-gan-voi-tang-cuong-kiem-soat-quyen-luc-386653.html
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